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The question

What is the ruling on swearing falsely upon the Qur'an in order to recover stolen money or an unpaid debt?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The scholars differed on the issue of seizing one's right (obtaining justice). Our preferred view is that it is permissible for the owner of a right to take his right by any possible means, provided he does not exceed his right or cause a greater harm by taking it. This is based on the statement of Imam Al-Qurtubi: "The correct view is the permissibility of that, however one manages to obtain his right, as long as he does not become a thief." If the person mentioned has withheld your right, and you could not reach it except by the method mentioned, then there is no blame upon you, as long as you do not exceed your right or cause a greater harm by taking it. When swearing an oath, you must intend that you did not take it as if it belonged to him, but rather you took it as your right which he refrained from giving you. If the intention was not thus, then you must repent.

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Where this answer came from
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Ftawy
Original fatwa ID
107378
Imported
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Source text, unreviewed
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